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BOA 9/5/91 MinutesBOARD OF ADJU~ MINUTES SF_FrF. MBER 5, 1991 The Board of Adjustment met in regular session on September 5, 1991, in the Council Chambers located at 255 Parkway Boulevard. The following members were present: Lanny Mayo, Chairman Carl Thompson, Vice Chairman Don Featherston, Commissioner Kirk Wensel, Commissioner Ron Pankey, Commissioner Also present were: Dale Jackson, Chief Building. Official Donna Morrow, Recording Secretary Chairman Mayo called the meeting to order and Vice Chairman Thompson gave the invocation. Approval of Minutes Commissioner Wensel made a motion to approve the minutes with a change to read Planning and Zoning Ordinance Advisory Committee and a change to the spelling of Chairman Mayo's name. Public Hearing to consider request for variance from Section 40-3 of the City's Zoning Ordinance which concerns paving required for concrete parking surfaces and the number of parking spaces required for retail use. This variance is being requested by Ms. Lee Ann McLaughlin, for the property located at 509 Bethel Rd. Ghief Building Official Dale Jackson made a presentation stating that the Zoning Ordinance requires one (1) parking space for every 200 square feet making the total parking spaces required twenty-one (21). He further stated that the building is located in the historic district of the City of Goppell and that currently there is a gravel area surrounding the structure. Chairman Mayo asked if anyone wished to speak for the variance. Ms. Lee Ann McLaughlin of 951 Red Cedar Way, Coppell, Texas, stated that a group she was representing were turning class rooms of the structure located at 509 Bethel Road into a craft mall and proposed another small area for a tea room. Chainnan Mayo asked how many parking spaces were shown on the application versus the plan. Board of Adjustment Minutes September 5, 1991 Page 2 Staff Liaison Jackson stated that part of the problem was the straight-in parking extended into the right-of-way. He further stated that the area on the drawing was a grassy area and not paved. Mr. Jackson stated that the Zoning Ordinance requires concrete. Chairman Mayo asked how far the frontage of Bethel Road was from the property line. George Chaddick of 3201 Lovers Lane, Dallas, the owner of the property, spoke stating there were thirteen parking spaces available and additional parking could be available in the front and on the side. Chairman Mayo asked if anyone wished to speak in opposition to the variance. No one spoke. Commissioner Featherston asked what arrangements had been made for handicapped parking. After much discussion Vice Chairman Thompson made a motion to grant a variance to use gravel instead of concrete for a period of 24 months or until a change of owner, or a change of use, or a change of tenant took place. Commissioner Featherston seconded the motion. The motion carried with a unanimous vote ($-0). Commissioner Featherston made a motion to deny the variance request for thirteen parking spaces stating they must meet code. Commissioner Wensel seconded the motion. The motion carried with a unanimous vote (5-0). Public Hearing to consider request for variance from Section 40-3 of the City's Zoning Ordinance which concerns alterations and extensions to non-conforming structures. This variance is being requested by Mr. Joe W. Mosely for the property located at 339 Hearm. Staff Liaison Jackson made a presentation to the Board stating at the time the house had been built in 1982, it did comply with the Zoning Ordinance. He further stated the owner now wishes to add an addition to his house; however, even though the addition will be all masonry, it still will not meet the 80% masonry requirement. Staff Liaison Jackson stated that Staff feels that this addition does meet the intent of the ordinance. Chairman Mayo asked if anyone wanted to speak for the variance. David Phillips of 453 Hidden Valley, CoppeR, Texas, the contractor, stated that brick will be added where four feet of siding now exists. Chairman Mayo asked if anyone wished to speak against the variance. No one spoke. Chairman Mayo dosed the Public Hearing. September S, 1991 Page B Commissioner Pankey made a motion to grant the variance request. The motion was seconded by Commissioner Wensel. The motion carried with a unanimous vote (S-0). Public Hearing to consider request for variance from Section 12-3.1 (A) of the City's Zoning Ordinance which concerns front yard set backs. This variance is being requested by Mr. Gary Smith, for the property located at 731 Falcon Lane. Dale Jackson made a presentation to the Board stating that the house was built in 1986 and the fireplace was 1.5 feet over the front building line. Chairman Mayo asked if anyone wished to speak in favor of the variance. Donna Smith of 731 Falcon Lane, Coppell, Texas, the owner of the house, stated she had discovered the problem and wanted to dear up any question regarding the fireplace. Chairman Mayo asked if anyone wanted to speak against the variance. No one spoke. After some discussion, Commissioner Featherston made a motion to approve the variance request. The motion was seconded by Vice Chairman Thompson. The motion carried with a unanimous vote (5-0). II'EM 7: Board of Adjustment Schedule for 1992. Changes were made to the meetings scheduled in January, July, and October as follows: January 9, July 9, and October 1. Commissioner Pankey made a motion to adjourn the meeting. The motion was seconded by Commissioner Featherston. The motion earrled with a unanimous vote (S-O). Donna Morrow, Recording Secretary BOARD OF ADJU~ Minutes May 7, 1~2 The Board of Adjustment met on May 7, 1992 in the City Council Ghambers located in the Town Genter, 255 Parkway. The following members were present: Carl Thompson, Chairman Don Featherston, Vice Chairman Ronald Pankey, Commissioner Kirk Wensel, Commissioner Gregory Frnka, Alternate Commissioner Also present were: Dale Jackson, Chief Buildirg Offidal Kathy Allgood, Recording Secretary Chairman Thompson called the meeting to order and Commissioner Featherston gave the invocation. rIEM 3: Approval of Minutes Commissioner Pankey made a motion to approve the minutes for the April 2, 1992 meeting as presented with the correction of the spelling of Greenddge in Item 4. Commissioner Wensel seconded the motion. The motion carried with a unanimous vote (5-0). Public Heating to consider request for variance from Section 14-3.1 (B) of the City's Zoning Ordinance which concerns side yard setbacks. The variance was requested by Mr. Gary Mathis for the property located at 916 Parker Drive. Dale Jackson gave the Board a brief overview of the request. The proposed house to be built on this lot is 4.6 feet from the side property line and the Zoning Ordinance requires that a side yard adjacent to an alley be no less than 10 feet. Staffhas requested that Grand Homes submit a survey indicating exactly how far the house will be from the property line and how far the property line will be from the pavement of the alley. There is 2.4 feet from the property line to the alley pavement and there is 4.6 feet from the house to the property llne which gives a total of 7 feet from the house to the alley pavement. Due to the 7 foot separation between the house and the pavement, and the lot being more narrow than the others in this subdivision, staff recommends approval of this variance. Chairman Thompson asked if anyone present wished to speak for the variance. Mr. Gary Mathis of Arlington, Texas, representing Grand Homes, spoke for the variance. Mr. Mathis stated that due to the lot being smaller than the average lot in this subdivision, this variance was being requested in order to keep the size of this house in conformance with the others in this subdivision. Chairman Thompson asked if anyone present wished to speak in opposition to the variance. No one spoke. Board of Adjustments Minutes May 7, 1992 Page 2 After a lengthy discussion, Commissioner Pankey made a motion to approve the variance request. Chairman Thompson seconded the motion. The motion passed with a unanimous vote (S-0). Public Hearing to consider a request for variance from Section 12-4 of the City's Zoning Ordinance which concerns access to parking areas. This variance was requested by Mr. Jeff Gibbons of Fox & Jacobs for the property located at 647 Oakbend. Dale Jackson gave the Board a brief overview of this request. The amended ordinance requires if there is alley access to a lot and that the driveway must be entered off of that alley and not off of the street. Fox and Jacobs is requesting in this case, to bring the driveway off of the street even though there is an alley running the length of the side of the lot. Fox and Jacobs requested this variance to maximize the backyard area and use the side yard as a rear yard. Staff feels that there would be an option available to consider a slight redesign of this house to accommodate a side entry garage that would come straight off of the alley. Staff recommends that this variance be denied. Chairman Thompson asked if anyone present would like to speak for the variance. Doug Whitteberry of Fox and Jacobs spoke for the variance. Mr. Whittebury stated that the rear portion of this lot drops off very steep, and to redesign a house for this lot with a rear or side entry garage, would take up a large portion of the yard. Mr. Whittebury stated that the lots adjacent to this lot would have houses designed with from entry garages, therefore, this house would conform with other houses to be constructed in this neighborhood. Mr. Whitteberry also stated that he was not sure that Fox and Jacobs would agree to a redesign of this house. Mr. Russell Snellson of Coppell, Texas, also spoke for the variance. Mr. Snellson stated that the design of this house was the only one available through Fox and Jacobs in this area that he liked. Mr. Snellson stated that he would have no objection to a side entry garage ~f Fox and Jacobs agreed to a redesign of this house. Chairman Thompson asked if anyone present would llke to speak in opposition of the variance. No one spoke. After much discussion, Vice-Chairman Featherston made a motion to deny the variance. Gomm~sioner Pankey seconded the motion. The motion carried with a unanimous vote (5-0). Public Hearing to consider a request for variance from Section 31-1.3 and 31- 6.27 of the City's Zoning Ordinance which concerns paving required for concrete parking surfaces and number of parking spaces required for retail use. This variance was requested by Mr. William W. Hoyt for the property located at 509 W. Bethel Road. Board of Adjustment Minutes May 7, 1992 Page 3 Dale Jackson gave the Board a brief update of this request that had been tabled from the April 2, 1992 meeting. The Board had requested that Mr. Hoyt and Ms. McLaughlin provide them with a copy of their lease agreement for 509 West Bethel Road. Mr. Hoyt provided a copy of his lease but Ms. McLaughlin did not. Mr. Saekson also informed the Board that the City attorney advised him that due to this being basically a building issue, that a rime limit restriction could be assessed to the variance approval. However, if there is a change in tenants or in the type of business, this variance would be null and void and the new tenant or new business would have to appear before the Board for a new variance approval. Staff recommends approval of this variance with a 2 year time limit. Chairman Thompson asked if anyone present wished to speak for the variance. Mr. William Hoyt of 2819 Esterbrook Drive, Farmers Branch, Texas, spoke for the variance. Mr Hoyt stated that his occupancy of this building would be in compliance with any of the restrictions assessed by this Board. Chairman Thompson asked if anyone present wished to speak in opposition to the variance. No one spoke. After some discussion Commissioner Wensel made a motion to divide this variance into two separate requests. Vice-Chairman Featherston seconded the motion. The motion carried by a unanimous vote (5-0). Vice-Chairman Featherston made a motion to approve the variance request to allow gravel instead of paving required for concrete parking surfaces, with a time limit restriction of the lesser of 2 years or the Historical Society's determination of parking conditions. Gommissioner Pankey seconded the motion. The motion passed with a unanimous vote (5-0). Vice-Chairman Featherston made a motion to deny the variance request for 13 parking spaces instead of the required 21 parking spaces. Gommissioner Pankey seconded the motion. The motion passed with a unanimous vote (5-0). Other Business After a brief discussion concerning the current meeting time, the Board members decided to change the meeting time from 7:30 p.m. to 7:00 p.m., effective the next scheduled meeting date. (June 4, 1992). Chairman Th_9~ompsonj~closed the Open Session and went immediately into Executive Sess,on. Carl ThDmpson, Chairman ~g~ Secretary